LOCATIONS OFF LIMITS WHILE CARRYING A GUN IN TENNESSEE
WHERE ALCOHOL IS SOLD §39-17-1305 (EFFECTIVE JUNE by 11, 2010)
A new statute has passed which makes it legal again to carry in an establishments
that serve alcohol. There are some changes from the old law, and the law doesn't go into
effect until sometime around the end of the week (approximately 6/11). I don't have all
the exact details, but here are the basics. I will update if more info becomes available.
The law allows valid handgun carry permit holders to carry in establishments where alcohol
is served UNLESS the restaurant/bar is posted by the owner as a no-gun zone.
The international prohibited sign (gun with circle and slash) is now sufficient as a posting,
if placed at all entrances.
It is still illegal to carry a gun while drinking. The penalty for drinking and carrying is a
year in jail and a $2500 fine, plus loss of gun permit for three years. DO NOT drink while armed.
COURTROOMS AND JUDICIAL PROCEEDINGS §39-17-1306
No person shall intentionally, knowingly, or recklessly carry on or about the person while
inside any room in which judicial proceedings are in progress any weapon prohibited by
§39-17-1302(a), for the purpose of going armed; provided, that if the weapon carried is
a firearm, the person is in violation of this section regardless of whether the weapon
is carried for the purpose of going armed.
SCHOOLS §39-17-1309 SECTION C
It is an offense for any person to possess or carry, whether openly or concealed, any firearm,
not used solely for instructional or school-sanctioned ceremonial purposes, in any public or
private school building or bus, on any public or private school campus, grounds, recreation
area, athletic field or any other property owned, used or operated by any board of education,
school, college or university board of trustees, regents or directors for the administration
of any public or private educational institution.
SCHOOL EXCEPTIONS §39-17-1309 SECTION C AND §39-17-1310
It is not an offense...for a nonstudent adult to possess a firearm...contained within a
private vehicle operated by the adult and is not handled by the adult or...any other
person acting with the expressed or implied consent of the adult, while the vehicle is
on school property.
It is an affirmative defense to prosecution under §39-17-1309 if the person was hunting
during the lawful hunting season on lands owned by any...institution and designated as
open to hunting by the administrator of the...institution, possessed unloaded hunting
weapons while transversing the grounds of any...institution for the purpose of gaining
access to lands open to hunting with the intent to hunt unless the lands of the...
institution are posted prohibiting entry, possessed guns or knives when conducting or
attending “gun and knife shows” and the program has been approved by the administrator
of the...institution, or entered the property for the sole purpose of delivering or
picking up passengers and who does not remove, utilize or allow to be removed or
utilized any weapon from the vehicle.
It is an offense for any person to possess or carry, whether openly or concealed, with
the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for
instructional, display or sanctioned ceremonial purposes, in or on the grounds of any
public park, playground, civic center or other building facility, area or property owned,
used or operated by any municipal, county or state government, or instrumentality thereof,
for recreational purposes.
NOTE ON PARKS
There are some people who argue that this section only applies to state parks, however,
if you read the law, it says "...ANY public park, playground, civic center, other
building facility..." that is owned by "...ANY municipal, county, or state
government, or instrumentality thereof..."
There are also some disagreements on whether the statute refers specifically to handguns
and/or permits, but the most common opinion seems to be that it is illegal to carry a
handgun, even with a permit, on any recreational facility or property owned by any
JUNE 2009 UPDATE ON PARKS
A new law has been passed saying that permit holders may carry in all parks in the state,
but that cities and other local municipalities may "opt out." See this link for the full
text of the law:
POSTED BUSINESSES §39-17-1359
An individual, corporation, business entity or local, state or federal government entity
or agent thereof is authorized to prohibit the possession of weapons by any person who is
at a meeting conducted by, or on property owned, operated, or managed or under the control
of the individual, corporation, business entity or government entity.
For more information, see: Posted Properties
RECIPROCITY WITH OTHER STATES §39-17-1351 SECTION R
A facially valid handgun permit, firearms permit, weapons permit or license issued by
another state shall be valid in this state according to its terms and shall be treated
as if it is a handgun permit issued by this state; provided, however, the provisions of
this subsection shall not be construed to authorize the holder of any out-of-state permit
or license to carry, in this state, any firearm or weapon other than a handgun.
For a person to lawfully carry a handgun in this state based upon a permit or license
issued in another state, the person must be in possession of the permit or license at
all times the person carries a handgun in this state.
The commissioner of safety shall enter into written reciprocity agreements with other
states that require the execution of the agreements. The commissioner of safety shall
prepare and publicly publish a current list of states honoring permits issued by the
state of Tennessee and shall make the list available to anyone upon request. The
commissioner of safety shall also prepare and publicly publish a current list of
states who, after inquiry by the commissioner, refuse to enter into a reciprocity
agreement with this state or honor handgun carry permits issued by this state. To
the extent that any state may impose conditions in the reciprocity agreements, the
commissioner of safety shall publish those conditions as part of the list. If another
state imposes conditions on Tennessee permit holders in a reciprocity agreement, the
conditions shall also become a part of the agreement and apply to the other state's
permit holders when they carry a handgun in this state.
If a person with a handgun permit from another state becomes a resident of Tennessee,
the person must obtain a Tennessee handgun permit within six months of establishing
residency in Tennessee. The permit may be issued based on the person having a permit
from another state provided the other state has substantially similar requirements as
this state. However, if during the six-month period the person applies for a handgun
permit in this state and the application is denied, the person shall not be allowed
to carry a handgun in this state based upon the other state's permit.
If a person who is a resident of and handgun permit holder in another state is
employed in this state on a regular basis and desires to carry a handgun in this
state, the person shall have six (6) months from the last day of the sixth month
of regular employment in this state to obtain a Tennessee handgun carry permit.
The permit may be issued based on the person having a permit from another state
provided the other state has substantially similar permit eligibility requirements
as this state. However, if during the six-month period the person applies for a
handgun permit in this state and the application is denied, the person shall not
be allowed to carry a handgun in this state based upon the other state's permit.
The provisions of this subdivision shall not apply if the state of residence of
the person employed in Tennessee has entered into a handgun permit reciprocity
agreement with this state pursuant to this subsection.
DISARMING OF PERMIT HOLDER BY POLICE OFFICER §39-17-1351
Any law enforcement officer of this state or of any county or municipality may,
within the realm of the officer's lawful jurisdiction and when the officer is
acting in the lawful discharge of the officer's official duties, disarm a permit
holder at any time when the officer reasonably believes it is necessary for the
protection of the permit holder, officer or other individual or individuals. The
officer shall return the handgun to the permit holder before discharging the
permit holder from the scene when the officer has determined that the permit
holder is not a threat to the officer, to the permit holder, or other individual
or individuals provided that the permit holder has not violated any provision of
this section and provided the permit holder has not committed any other violation
that results in the arrest of the permit holder.
SHOWING PERMIT TO LAW ENFORCEMENT OFFICERS §39-17-1351
The permit holder shall have the permit in the holder's immediate possession at
all times when carrying a handgun and shall display the permit on demand of a
law enforcement officer.
LOCATIONS OFF LIMITS WHILE CARRYING A GUN IN MISSISSIPPI
MISSISSIPPI CODE §45-9-101 SUBSECTION 13
Any police, sheriff or highway patrol station, detention facility, prison, or jail.
Any courthouse or courtroom. Nothing in this section precludes a judge from carrying
a concealed weapon or determining who will carry a concealed weapon in his courtroom.
Any polling place; any meeting place of the governing body of any governmental entity;
any meeting of the Legislature or a committee thereof.
Any public park unless participating in any authorized firearms-related activity.
Any school, college or professional athletic event not related to firearms...Any
elementary, secondary school facility; any junior college, community college,
college or university facility unless for the purpose of participating in any
authorized firearms related activity.
WHERE ALCOHOL IS SOLD
Any portion of an establishment, licensed to dispense alcoholic beverages for
consumption on the premises, that is primarily devoted to dispensing alcoholic
beverages; any portion of an establishment in which beer or light wine is
consumed on the premises, that is primarily devoted to such purpose.
Inside the passenger terminal of any airport, except that no person shall be
prohibited from carrying any legal firearm into the terminal if the firearm is
encased for shipment, for purposes of checking such firearm as baggage to be
lawfully transported on any aircraft.
Any church or other place of worship.
FEDERAL LAW RESTRICTIONS
Any place where the carrying of firearms is prohibited by federal law.
In addition to the places enumerated in this subsection, the carrying of a
concealed pistol or revolver may be disallowed in any place in the discretion
of the person or entity exercising control over the physical location of such
place by the placing of a written notice clearly readable at a distance of not
less than ten feet that the "carrying of a pistol or revolver is prohibited."
PARADES AND DEMONSTRATIONS
No license issued pursuant to this section shall authorize the participants in
a parade or demonstration for which a permit is required to carry a concealed
pistol or revolver.
PLACES OF NUISANCE
A "place of nuisance" is any location as defined in Mississippi code §95-3-1,
which is as follows: Any place as above defined in or upon which lewdness,
assignation or prostitution is conducted, permitted, continued or exists or
any other place as above defined in or upon which a controlled substance as
defined in section §41-29-105, Mississippi Code of 1972, is unlawfully used,
possessed, sold or delivered and the personal property and contents used in
conducting or maintaining any such place for any such purpose. One single act
of unlawful cohabitation, lewdness or possession, use, sale or delivery of a
controlled substance about such property shall not come within the terms hereof.
EMPLOYER PARKING LOTS: MS §45-9-55 SECTION 1-5
Except as provided in the following section, a public or private employer may
not establish, maintain, or enforce any policy or rule that has the effect of
prohibiting a person from transporting or storing a firearm in a locked vehicle
in any parking lot, parking garage, or other designated parking area.
A private employer may prohibit an employee from transporting or storing a firearm
in a vehicle in a parking lot, parking garage, or other parking area the employer
provides for employees to which access is restricted or limited through the use of
a gate, security station or other means of restricting or limiting general public
access onto the property.
This section shall not apply to vehicles owned or leased by an employer and used
by the employee in the course of his business.
This section does not authorize a person to transport or store a firearm on any
premises where the possession of a firearm is prohibited by state or federal law.
A public or private employer shall not be liable in a civil action for damages
resulting from or arising out of an occurrence involving the transportation,
storage, possession or use of a firearm covered by this section.
RECIPROCITY WITH OTHER STATES §45-9-101 SECTION 19
Any person holding a currently valid license to carry stun guns, concealed pistols
or revolvers issued in another state shall have such license recognized by this
state to carry stun guns, concealed pistols or revolvers, provided that the issuing
state authorizes license holders from this state to carry stun guns, concealed
pistols or revolvers in such issuing state and the appropriate authority has
communicated that fact to the Department of Public Safety.
Even though many people will tell you it's illegal to carry a gun in a casino, I
have not been able to find any law stating that. Most of the casinos have generic
verbage at or near the door, but I haven't seen any that seem to conform to the MS
posted business law listed above. Some casinos will let you check your gun with
security. This is provided for informational purposes only and I am in no way
suggesting that you carry inside a casino. If you are caught in a casino, you
will be asked to leave or possibly detained. I am simply pointing out what I
have or have not been able to find and absolutely nothing more.